Pregledni rad
https://doi.org/10.31141/zrpfs.2021.58.141.743
Electronic monitoring in modern criminal law and Croatia - is this a panacea for prison overcrowding?
Marta Dragičević Prtenjača
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Dijana Gracin
; Vojni studij Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
The paper deals with electronic monitoring and its application in modern criminal law with special reference to the possible application of electronic monitoring in Croatian criminal law de lege ferenda. Its origins are in the United States of America (hereinafter: the USA) where it appeared as one of the alternatives to prison sentences, a special kind of sanction, and also one of the possible solutions of economic aspects for judiciary system better solution than incarceration, as well as for overcrowding. Then again, in the countries which belong to the continental law system, Electorinc monitoring is the most often a way of surveillance of some sanctions and measures. In the paper, the possible advantages, as well as possible objections, disadvantages of its use for criminal law purposes in the American and European legal systems, will be elaborated. Electronic monitoring was introduced in the Croatian legal system through the pilot-project and showed good results. So authors propose its implantation in criminal law for different purposes, as a way of surveillance of some measures (e.g. bail, investigation prison in-home), way of surveillance of sanctions or as a sanction itself as in cases of home detention, as it already exists in other countries of the world (USA, Great Britain, Belgium, etc.). All with one goal to modernize, improve, and make a more efficient existing Croatian criminal justice system.
Ključne riječi
electronic monitoring; alternative sanctions; imprisonment; sanctions; measures
Hrčak ID:
262165
URI
Datum izdavanja:
7.9.2021.
Posjeta: 1.377 *